D THENMOZHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner claims that, "i belong to Irular, Shikari also referred to as Vettaikaran, which belongs to Scheduled Tribes Community. " according to the petitioner, The Presidential Order issued under Article 341 (1) of the Constitution of India would show that "irular" also known as "vettaikkaran" is notified as Scheduled Tribes Community and that in some place "vettaikkaran" is also known as "kattunayakan" which is a Schedule Tribe Community througout the State. According to her, there are several documents which show that her forefather belong to Vettaikaran which is a Schedule Tribe Community. In her transfer certificate while showing her community initially it was mentioned as "kattunayakan" but, subsequently, it was struck off and mentioned as "vettaikarar". Petitioner's father gave a letter for correction in the transfer certificate. In the meantime, petitioner received an interview letter and in that she was asked to furnish community certificate. Therefore, she applied to the Headmaster, Government Higher Secondary School, Banavaram, requesting him to issue a transfer certificate mentioning her community as "hindu ? Vettaikaran instead of Kattunayakan / Vettaikaran (ST ). " Her father also applied to the Revenue Divisional Officer, Ranipet, Vellore District, to issue community certificate mentioning their community as "hindu ? Irular ? Shikari also known as Vettaikaran which is a Schedule Tribe Community". It appears, in the meanwhile a community certificate was issued to her by the Deputy Tahsildar, Arakkonam, mentioning that the petitioner belong to Hindu-Vettaikarar Community which is recognized as a Most Backward Class as per G. O. (M. S.) No: 1566, Social Welfare Department dated 30th July, 1985 vide sl. No: 182.

(2.) THE 3rd respondent, under his proceedings dated 25. 09. 2003 rejected the petitioner's request on the allegation that on enquiry it was found that she does not belong to Scheduled Tribe community and pursuant to the enquiry, the 2nd respondent rejected her claim holding that the petitioner does not belong to Hindu-Irular Shikar (Vettaikkaran) (ST) Community. Thereafter, petitioner filed W. P. No: 24135 of 2005 challenging the order of the 2nd respondent. This Court allowed the writ petition directing the authorities to consider petitioner's claim. It is thereafter that the rejection order has been passed by the 3rd respondent, which is challenged in the present writ petition.

(3.) THE learned Special Government Pleader submitted that the writ petition deserves to be dismissed outright because the petitioner has claimed that she belongs to Vettaikaran, which is sub caste of Kattunaicker community, which is also known as Irular, Eriar, Poosari or Shikari and that the community mentioned by the petitioner did not find a place in the Presidential Order. The learned Special Government Pleader also submitted that this Court can decide only according to the Constitutional parameters, and no party claiming to belong to any sub caste or caste which does not find a place in the Presidential order is entitled to the benefit of reservation. For this purpose he relied on the decision reported in 2001 (1) S. C. C. 4 [state of Maharashtra vs. Milind and others].